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View Diary: "The Congress shall have power to enforce this article by appropriate legislation." (49 comments)

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  •  It's really a power grab from Congress. (5+ / 0-)
    Recommended by:
    Mets102, ferg, ericlewis0, Loge, jdsnebraska

    You've got five justices who have had only the briefest exposures to the issues deciding that they should send statutes back to Congress with the instructions to "be better".

    "We're now in one of those periods when the reality of intense pressure on the middle class diverges from long-held assumptions of how the American bargain should work" --James Fallows

    by Inland on Tue Jun 25, 2013 at 06:38:41 PM PDT

    •  They essentially applied strict scrutiny (1+ / 0-)
      Recommended by:
      Inland

      to legislation burdening counties and states, reliance on "old data" reads like reliance on dreaded "impermissible factors."  This potentially tees up challenges by uncovered jurisdictions (as they all are) to "burdens" associated with complying with section 2 of the VRA, per Rick Hasen at Scotusblog, but I think that's unlikely because of the particular - and wholly justified - procedural intrusion in section 5.  

      Very little discussion of why Shelby County brought a facial challenge -- the only way it could ever win.  Guys, getting bailout is not hard, just don't racially gerrymander anything for 10 years.  I don't think the majority even addressed why Shelby had to go thru preclearance.  

      One way to tell it was a purely political decision is the case doesn't actually have a goddamn holding, a single proposition of law that decides the case, except that at some point between the penultimate renewal and the 2006 (bipartisan) reauthorization, racism abated to the point where preclearance wasn't necessary.  I'm guessing it was Roberts's ascension to the bench, per his Parents Involved in Community Schools decision, where we solve racism by pretending it doesn't exist.  Could also be the OJ verdict.  Just spitballing, mainly.

      Difficult, difficult, lemon difficult.

      by Loge on Tue Jun 25, 2013 at 07:46:32 PM PDT

      [ Parent ]

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